Selanjutnya

AIR TRANSPORT AGREEMENT
between the Government of the Republic of Indonesia and the Government
of the Czechoslovak Socialist Republic
The Government of the Republic of Indonesia and the Government
of the Czechoslovak Socialist Republic
Being Parties to the Convention on International Civil Aviation opened
for signature at Chicago on the seventh day of December, 1944
and
Desiring to conclude an Agreement for the purpose of establishing air
services between the Republic of Indonesia and the Czechoslovak Socialist
Republic
Have agreed as follows :
ARTICLE I
For the purpose of the present Agreement, unless the context otherwise
requues :
(a)

the tenn "the Convention" means the Convention on International
Civil Aviation opened for signature at Chicago on the seventh day
of December, 1944 and includes any Annex adopted under Article
90 of that Convention and any amendment of the Annexes or

Convention under Article 90 or 94 thereof;

(b)

the term "aeronautical authority" means, in the case of the Republic
of Indonesia the Minister of Communications and any person or
body authorised to perform functions at present exercised by the
said Minister or similar functions, and, in the case of the Czechoslovak Socialist Republic, the Federal Ministry of Transport and any
person or body authorised to perform any functions at present
exercised by the said Ministry or similar functions;

(c)

the term "designated airline" means an airline which one Contracting Party shall have designated, by written notification to the other
Contracting Party, in accordance with Article 3 of the present
Agreement, for the operation of air services on the routes specified
in such notification;

(d)


the terms "agreed services" and "specified routes" mean the international air services and the routes specified in the Annex to the
present Agreement.

I

ARTICLE 2

(1)

Each Contracting Party grants to the other Contracting Party the rights
specified in the present Agreement for the purpose of establishing air services
on the routes specified in the appropriate Section of the Annex thereto.
(2)

The airlines of each Contracting Party shall enjoy following privileges :
(a)
(b)
(c)

to fly without landing across the territory of the other Contracting

Party;
to make stops in the sa'id territory for non-traffic purposes; and
while operating an agreed service on a specified route, subject to
the provisions of the present Agreement, to make stops in the said
territory at the points specified for that route in the Annex to the
present aセ・ュョエ@
for the purpose of putting down and taking on
international traffic in passengers. cargo and mail.
ARTICLE 3

( 1) Each Contracting Party shall designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed
services on the specified routes.
(2) On receipt of the designation, the other Contracting Party shall subject
to the provisions of paragraphs (3) and ( 4) of this Article, without delay grant
to the airline or airlines designated the appropriate operating authorisation.
(3) The aeronautical authorities of one Contracting Party may require
an airline designated by 'he other Contracting Party to satisfy them that it
is qualified to fulfil the conditions prescribed under the laws and regulations
nonnally and reasonably applied by them in conformity ·with the provisions
of the Convention to the operation of international commercial air services.

(4) Each Contracting Party shall have the right to refuse to accept the
designation of an airline and to withhold or revoke the grant to an airline
of the privileges specified in paragraph (2) of Article 2 of the present Agreement or .to impose such conditions as it may deem necessary on the exercise
by an airline o[ those privileges in any case where it is not satisfied that
subakantial ownership and effective control of that airline are vested in the
Contracting Party designating the airline or in nationals of the Contracting
Party·designating the airlines.
(5) At any time hfter the provision of paragraph (1) and (2) of this Article
have been complied with, an airline so designated and authorised may begin

to operate the agreed services, provided that a service shall not be operated
unless a tariff is in force in respect of it established in accordance with the
provisions of Article 7 of the present Agreement.
(6) Each Contracting Party shall have the right to suspend the exercise by
an airline of the privileges specified in paragrap]l (2) of Article 2 of the
present Agreement or to impose such conditions as it may deem ョ・」セ。イケ@
on
the exercise by an airline of those privileges in any case where the airline
fails to comply with the laws and regulations of the Contracting Party
granting those privileges or otherwise fails to operate in accordance with the

conditions preseribed in the present Agreement; provided that, unles
immediate suspension or imposition of conditions is essential to prevent
⦅セ@ ... rther L1fringements of laws or regulations, this right shall b.e exercised only
after consultation with the other Contracting Party .
ARTICLE 4
(I) The laws and regulations of one Contractmg Party relating to the
admission to or departure from its territory of 。ゥイ」セヲエ@
engaged in international air navigation, or to the operation and navigation of such aircraft while
within its territory, shall be applied to the aircraft of the airline designated
by the other Contracting Party and shall be complied with by such aircraft
upon entrance into or departure from and while within the territory of the
first Contracting Party .
(2) The laws and regulations of one Contracting Party relating to the
admission to or departu.re from its territory of ー。セ・ョァイウL@
crew or cargo
of aircraft including regulations relating to entry, clearance, passports,
customs and quarantine, shall be complied with upon entrance into, departure frorn, and while within the territory of the first Contracting Party.

ARTICLE 5


(I)

Aircraft operated by a designated airline of either Contracting Party
and entering, departing again from, or flying across the territory of the other
Contracting Party, as well as fuel, lubricants, spare parts, regular equipment
and aircraft stores on board such aircraft, shall be exempt from customs
duties and other charges levied on the occasion of importation, exportation
or transit of goods. This shall also apply to goods on board the aircraft

consumed during the flight across the territory of the latter Contracting
Party .
(2) Fuel, lubricants, aircraft sotres, spare parts and regular equipment,
temporarily imported into the territory of either Contracting Party, there to
be immediately or after sotrage installed in or otherwise taken on board
the aircraft of a designated airline of the other Contracting Party, or to be
otherwise exported again from the territory of the former Contracting Party,
shall be exempt from the customs duties and other charges mentioned in
paragraph (1) of this Article.

(3) Fuel and lubricants taken on board the aircraft of a designated airline

of either Contracting Party in the territory of the other Contracting Partv
and used in international air services, shall be exempt from the customs
duties and other charges mentioned in paragraph (I) of this Article , as well
as frolll any other special consumption charges, provided that formal customs
regulations arc complied with.
( 4) Each Contracting· Party may keep the goods mentio ned in paragraphs
(I) to (3) of this Article under customs supervision or control.

(5) In so far. as no duties or other charges are imposed on goods mentioned
in paragraphs (1) to ( 3) of this Article, such goods shall not be subject to any
economic prohibitions or restrictions on importation, exportation and
transit that may otherwise be applicable unless such prohibition or restriction
applies to all airlines including the national airlines in respect to certain items
mentioned in paragraphs (1) to (3) of this Article.

(6) The treatment specified in this Article shall be in addit ion to and without prejudice to that which each Contracting Party is under obligation to
accord under Article 24 of the Convention .
ARTICLE 6
(I) The capacity to be provided by the designated airlines of the Contracting Parties on the agreed services shall be closely related to the estimated
requirements of air traffic between the territories of both Contracting Parties.

The capacity of services to be operated by each airline shall be agreed between the Aeronautical Authorities of both Contracting Parties on the basis
of the principle of fair and equal opportunity.
(2)

The aeronautical authorities of either Contracting Party shall supply

to the aeronautical authorities of the other Contracting Party at their request
such periodic or other statements of statistics as may be reasonably required
for the purpose of reviewing the capacity provided on the agreed services
by the designated airline or airlines of the first Contracting Party.
ARTICLE 7
(1) The tariffs on any agreed service shall be established at reasonable
levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit, characteristics of service (such as standards of speed
and accommodation) and the tariffs of pther airlines for any part of the
specified route. The tariffs shall be fixed on bilateral basis between the
designated airlines or through the ratefixing machinery of IAT A taking into
account the rates of agency commission used in conjunction with these
tariffs .
(2) The tariffs so agreed shall be subject to the approval of the aeronautical
authorities of both Contracting Parties.

(3) If the designated airlines cannot agree on any of these tarrifs, the
aeronautical authorities of the Contracting Parties shall try to detennine the
tariffs by agreement between themselves.
(4) If the aeronautioal authorities cannot agree on the approval of any
tariff submitted to them under paragraph (2) of this Article, or on the determination of any -tariff under paragraph (3), the dispute shall be settled in
accordance with the provisions of Article 9 of the present Agreement.
(5) No tariff shall come into force if the aeronautical authorities of either
Contracting Party are dissatisfied with it except under the provisions of
paragraph (3) of Article 9 of the present Agreement.
(6) When tariffs have been established in accordance with the provisions
of this Article, these tariffs shall remain in force until new tariffs have been
established in accordance with the provisions of this Article.
ARTICLE 8
There shall be consultations, if either Contracting Party deems it
necessary, between the aeronautical authorities of the Contracting Parties
to ensure close collaboration in all matters affecting the fulfilment of the
present Agreement.

ARTICLE 9


(1) If any dispute arises between the Contracting Parties relating to the
interpretation or application of the present Agreement or of its Annex, and
if the dispute cannot be settled by the aeronautical authorities of the Contracting Parties, the Contracting Parties shall endeavour to settle it by negotiation between themselves.
(2) If the Contracting Parties fail to reach a settlement by negotiations,
the dispute may at the request of either Contracting Party be submitted
for decision to a tribunal of three arbitrators, one to be nominated by each
Contracting Party and the third to be appointed by the two so nomicated.
Each of the Contracting Parties shall nominate an arbitrator within a period
of sixty (60) dnys from the date of receipt by either Contracting Party from
the other of a notice through the diplomatic channel requesting arbitration
of the dispute, and the third arbitrator shall be appointed within a further
period of sixty (60) days. If it !snot possible to reach settlement in this way,
the Contracting Parties will agree upon the procedure of appointing the
third arbitrator.
(3) The Contracting Parties undertake to comply with any decision given
under paragraph (2) of this Article.
(4) If and so long as either Contracting Party or a designated airline of
either Contracting Party fails to comply with セ@ decision given under paragraph (2) of this Article, the other cッョセイ。」エゥァ@
Party may limit, withhold
or revoke any rights or privileges which it has granted by virtue of the present

Agreement to the Contracting Party in default or to the designated airline
or airlines of that Contracting Party or to the designated airline in default.
ARTICLE 10
(1) If either of the Contracting Parties considers it desirable to modify
aoy provision of the present Agreement including the Annex hereto, such
modification, if agreed between the Contracting Parties, shall come into
effect when confirmed by an Exchange of Notes.

(2) In the event of the conclusion of any general multiiateral convention
concerning air transport by which both Contracting Parties become bound,
the present Agreement shall be amended so as to conform with the provisions
of such Convention .

ARTICLE 11
Either Contracting Party may at any time give notice to the other if
it desires to terminate the present Agreement. Such notice shall be ウゥュセャエ。ョ・ᆳ
ously communicated to the International Civil Aviation Organisation. If such
notice is given, the presenl. Agreement shall terminate twelve (12) months
after the date of receipt of the notice by the other Contracting Party, unless
the notice to tenninate is withdrawn by agreement before the expiry of this
period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen ( 14)
days G(fter the receipt of the 'notice by the International Civil Avia ti on Organisation.
ARTICLE 12
The present Agreement and any modification to it in accordance with
Article 10 shall be registered with the International Civil Aviation Organisation.
ARTICLE 13
Each Contracting Party shall notify the other Contracting Party in
writing of the approval of the present Agreement in conformity with their
national legislations. The present Agreement shall enter into force on the
date of the letter of these written notifications.
The present Agreement shall be provisionally applicable from the date
of its signature.
Done in duplicate, in the English language, both texts being equally
authentic, at PRAGUE this 10 day of MAY, one thousand nine hundred and
seventy two.
In witness whereof the undersigned, being authorized thereto by their
respective Governments, have signed the present Agreement and have affixed
thereto their seals.

For the Government of
the Republic of Indonesia

For the Government of
the Czechoslovak Socialist Republic

ANNEX
SECTION I
(I) The Government of the Republic of Indonesia shall grant to the designated airline (s) of the Government of the Czechoslovak Socialist Republic
the authorization to operate air services in both directions on the following
route :
Points of
origin

Intennediate points

Prague
or
Bratislava

Athens
Cairo
Beirut
Kuwait
Teheran
Karachi
Bombay
Phnom Penh

Points of
destination
Djakarta

(2) The designated airline (s) of the Government of the Czechoslovak
Socialist Republic shall have the right to omit pennanently or on individual
flights landing at any of the intermediate points specified in paragraph (1)
iliow.
·

SECTION II

(1)

The Government of the Czechoslovak Socialist Republic shall grant to
the designated airline (s) of the Government of the Republic of Indonesia
the authorization to operate air services in both directions on the following
route :

Points of
origin
Djakarta

lntennediate points

Phom Penh
Bombay
Karachi
Teheran
Kuwait
Beirut
Cairo
Athens

Points of
destination
Prague
or
Bratislava

(2) The designated airline (s) of the Government of Indonesia shall have
the right to omit pennanently or on individual flights landing at any of the
intennediate points specified in paragraph (1) above.